What is the proper rule governing equitable estoppel against the government?

California, United States of America


The following excerpt is from Amarawansa v. Superior Court, 49 Cal.App.4th 1251, 57 Cal.Rptr.2d 249 (Cal. App. 1996):

7 City of Long Beach concluded "the proper rule governing equitable estoppel against the government is the following: The government may be bound by an equitable estoppel in the same manner as a private party when the elements requisite to such an estoppel against a private party are present and, in the considered view of a court of equity, the injustice which would result from a failure to uphold an estoppel is of sufficient dimension to justify any effect upon public interest or policy which would result from the raising of an estoppel." (City of Long Beach v. Mansell, supra, 3 Cal.3d at pp. 496-497, 91 Cal.Rptr. 23, 476 P.2d 423.)

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